Common use of Amendments to Article II of the Credit Agreement Clause in Contracts

Amendments to Article II of the Credit Agreement. (a) Section 2.01(a) of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by adding the following sentence at the end of Section 2.01(a): “Following the making or continuation thereof, as applicable, on the Third Amendment Effective Date, the Third Repriced Term Loans shall constitute Initial Term Loans and Term Loans, as applicable, in all respects.” (b) Section 2.05(a)(iv) of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by replacing the phrase “six months after the Second Amendment Effective Date” in each place where used therein with the phrase “six months after the Third Amendment Effective Date”. (c) Section 2.06(b) of the Credit Agreement is hereby amended as of the Third Amendment Effective Date by replacing the phrase “the Closing Date, the First Amendment Effective Date or the Second Amendment Effective Date, as applicable” where used therein with the phrase “the Closing Date, the First Amendment Effective Date, the Second Amendment Effective Date or the Third Amendment Effective Date, as applicable”. (d) Clause (i) of Section 2.07(a) of the Credit Agreement is hereby amended and restated as of the Third Amendment Effective Date in its entirety as follows: “on the last Business Day of each March, June, September and December, commencing with the first quarter after the Third Amendment Effective Date, an aggregate principal amount equal to 0.25% of the aggregate principal amount of all Initial Term Loans outstanding on the Third Amendment Effective Date (which payments shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.05) and”.

Appears in 2 contracts

Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)

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Amendments to Article II of the Credit Agreement. (a) Section 2.01(a) 2.01 of the Credit Agreement is hereby amended as of the Third Fifth Amendment Effective Date by adding the following sentence at immediately before the end last sentence of Section 2.01(a): “Following the making or continuation thereof, as applicable, on the Third Fifth Amendment Effective Date, the Third Repriced Extended 2025 Term Loans shall constitute Initial Term B Loans and Term B Loans, as applicable, in all respects.” (b) Section 2.05(a)(iv2.08(a)(ii) of the Credit Agreement is hereby amended as of the Third Fourth Amendment Effective Date by replacing the phrase “six months after the Second Closing Date, Amendment Effective Date” in each place where used therein with the phrase “six months after the Third Amendment Effective Date”. (c) Section 2.06(b) of the Credit Agreement is hereby amended as of the , Third Amendment Effective Date by replacing the phrase “the Closing Date, the First Amendment Effective Date or the Second Fourth Amendment Effective Date, as applicable” where used therein with the phrase “the Closing Date, the First Amendment Effective Date, the Second Third Amendment Effective Date, Fourth Amendment Effective Date or the Third Fifth Amendment Effective Date, as applicable”. (dc) Clause (i) of Section 2.07(a2.10(a) of the Credit Agreement is hereby amended and restated as of the Third Amendment Effective Date in its entirety as follows: The Borrower shall repay to the Administrative Agent, for the benefit of the Initial Term B Lenders, on the last Business Day day of each March, June, September and DecemberDecember of each year (beginning June 30, commencing 2013) or, if such date is not a Business Day, the next preceding Business Day (each such date being referred to as a "Term B Loan Installment Date") through and including the Term B Facility Maturity Date, a principal amount of Initial Term Loans equal to, on any Term B Loan Installment Date occurring after the Fifth Amendment Effective Date, the product of (x) the principal amount of Initial Term B Loans outstanding after the Initial Term B Loan Borrowing on the Fifth Amendment Effective Date and (y) 0.25%, with the first quarter balance of the Initial Term B Loans due in full on the Term B Facility Maturity Date. (d) Section 2.11(h) of the Credit Agreement is hereby amended as of the Fifth Amendment Effective Date by replacing the phrase “twelve (12) month anniversary of the Fourth Amendment Effective Date” where used therein with the phrase “six (6) month anniversary of the Fifth Amendment Effective Date”. (e) Section 2.20(b) of the Credit Agreement is hereby amended as of the Fifth Amendment Effective Date by replacing the phrase “eighteen (18) months after the Third Amendment Effective Date, an aggregate principal amount equal to 0.25% of ” where used therein with the aggregate principal amount of all Initial Term Loans outstanding on phrase “eighteen (18) months after the Third Fifth Amendment Effective Date (which payments shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.05) andDate”.

Appears in 1 contract

Samples: Credit Agreement (Realogy Group LLC)

Amendments to Article II of the Credit Agreement. (a) Section 2.01(a) of the Credit Agreement is hereby amended as of the Third Second Amendment Effective Date by adding the following sentence at the end of Section 2.01(a): “Following the making or continuation thereof, as applicable, on the Third Second Amendment Effective Date, the Third Second Repriced Term Loans shall constitute Initial Term Loans and Term Loans, as applicable, in all respects.” (b) Section 2.05(a)(iv) of the Credit Agreement is hereby amended as of the Third Second Amendment Effective Date by replacing the phrase “six months after the Second First Amendment Effective Date” in each place where used therein with the phrase “six months after the Third Second Amendment Effective Date”. (c) Section 2.06(b) of the Credit Agreement is hereby amended as of the Third Second Amendment Effective Date by replacing the phrase “the Closing Date, the First Amendment Effective Date or the Second First Amendment Effective Date, as applicable” where used therein with the phrase “the Closing Date, the First Amendment Effective Date, the Second Amendment Effective Date or the Third Second Amendment Effective Date, as applicable”. (d) Clause (i) of Section 2.07(a) of the Credit Agreement is hereby amended and restated as of the Third Second Amendment Effective Date in its entirety as follows: “on the last Business Day of each March, June, September and December, commencing with the first quarter after the Third Second Amendment Effective Date, an aggregate principal amount equal to 0.25% of the aggregate principal amount of all Initial Term Loans outstanding on the Third Second Amendment Effective Date (which payments shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.05) and”. (e) Clause (iii) of Section 2.14(e) of the Credit Agreement is hereby amended and restated as of the Second Amendment Effective Date in its entirety as follows: “the amortization schedule applicable to any Incremental Loans and the Effective Yield applicable to the Incremental Term Loans of each Class shall be determined by the Borrower and the applicable Incremental Lenders and shall be set forth in each applicable Incremental Amendment; provided, however, that the Effective Yield applicable thereto (as determined on the date of initial incurrence thereof) may not be more than 0.50% higher than the Effective Yield applicable to the Initial Term Loans (as determined on such date) unless the Applicable Rate with respect to the Initial Term Loans is adjusted to be equal to such Effective Yield with respect to such Incremental Term Loans, minus, 0.50%.”.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

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Amendments to Article II of the Credit Agreement. (a) Section 2.01(a) of the Credit Agreement is hereby amended as of the Third First Amendment Effective Date by adding the following sentence at the end of Section 2.01(a): “Following the making or continuation thereof, as applicable, on the Third First Amendment Effective Date, the Third Repriced Term Loans shall constitute Initial Term Loans and Term Loans, as applicable, in all respects.” (b) Section 2.05(a)(iv) of the Credit Agreement is hereby amended as of the Third First Amendment Effective Date by replacing the phrase “six months after the Second Amendment Effective Closing Date” in each place where used therein with the phrase “six months after the Third First Amendment Effective Date”. (c) Section 2.06(b) of the Credit Agreement is hereby amended as of the Third First Amendment Effective Date by replacing adding the phrase “the Closing Date, or the First Amendment Effective Date or the Second Amendment Effective Date, as applicable” where used therein with immediately following the phrase “the funding of Initial Term Loans of such Class to be made by it on the Closing Date, the First Amendment Effective Date, the Second Amendment Effective Date or the Third Amendment Effective Date, as applicable”” where used therein. (d) Clause (i) of Section 2.07(a) of the Credit Agreement is hereby amended and restated as of the Third Amendment Effective Date in its entirety as follows: “on the last Business Day of each March, June, September and December, commencing with the first quarter after the Third First Amendment Effective Date, an aggregate principal amount equal to 0.25% of the aggregate principal amount of all Initial Term Loans outstanding on the Third First Amendment Effective Date (which payments shall be reduced as a result of the application of prepayments in accordance with the order of priority set forth in Section 2.05) and”.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

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